Kent Anderson's Answers

I have a home which was included in a bankruptcy filed in 2002. I have made the payments but now I can't.

Actually, it sounds like the actual debt was discharged with your 2002 bankruptcy. However, the lien on your home remains. As long as you make the payments, the lender will accept them and make application to the balance due under the lien. The lender has acknowledged that you have no personal liability on the debt. With this in mind, they have probably stopped reporting you payment history to the credit reporting bureaus. Consequently, you do not get credit for making your payments...

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Can I discharge an imputed Federal Tax Debt for 941 taxes owed by a bankrupt corporation of which I was an officer?

Once the tax has been determined by audit and assessed against the corporate entity, the IRS has 3 years to assess the trust fund portion of the tax (the amount withheld from employee pay) against responsible parties under IRC §6672. This is called the trust fund recovery penalty assessment. From what you say, it appears the assessment for trust fund tax has been made against you. That liability is not dischargeable in bankruptcy. There are several other strategies for resolving the debt....

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Chapter 13 Bankruptcy Fraud

The US Trustee in the federal court district where your former husband filed bankruptcy would be the best place to report any misrepresentations in the bankruptcy schedules. The US Trustee's office does investigate these matters and can refer the case to the US Attorney for possible prosecution. However, the misstatement must be material to constitute a crime. You can report the crime without "letting him off the hook". Child support is not dischargeable in bankruptcy. It sounds to me like...

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Tax Company in Texas took money and closed doors

In order to represent you before the IRS, the company that prepared your offer must have an individual who is qualified to do so. Look at the form 656 that was filed on your behalf. It should have the name of the individual representative. You can contact the IRS office of professional responsibility and report this individual if they fail to complete the work they undertook on your behalf. IRS Circular 230 governs practice before the IRS. You can find it on the IRS website. 31 U.S.C. §...

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Received a gift worth $1,000 from a friend, does this need to be reported to the IRS, federal gift tax return

Gifts can be taxable. However, gifts of $12,000 or less per year from one individual to another are exempt from gift taxation. Over and above the $12,000 per year limit, each individual is entitled to a lifetime estate and gift tax exclusion of $2,000,000 for 2008 which increases to $3,500,000 in 2009 and disappears entirely in 2010. I realize this is confusing but the clear answer to your question is that no tax will be due from the gift you describe.

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How do I get my portion of my 2009 Tax return when my husband has withheld it in a bank account I am not on

This is really not a tax question, it is a domestic relations problem. If your husband is withholding money from you that you believe you should be entitled to, you need to consult with a family law practitioner in your county. This answer is intended as a general discussion of the topic and is not legal advice. It is not intended to form an attorney and client relationship with the questioner and no such relationship will be established without further discussion, the payment of a fee, a...

How can I get the amount of garnishment lowered in Oregon?

While you may be able to negotiate a reduction of your garnishment with the creditor, Oregon law allow a judgment creditor to take 25% of your net wage until the debt is paid in full. You may qualify for bankruptcy relief. If so, the debt would most likely be discharged without further payment if you file a Chapter 7 case or after you complete all required payments in a Chapter 13 case. This answer is intended as a general discussion of the topic and is not legal advice. It is not intended...

Same as below?

In order to file a joint bankrutpcy you must be married at the time the petition is filed. A divorce while you are in bankruptcy does not invalidate your filing. However, since a simple consumer Chapter 7 bankruptcy only takes about three months from date of filing to discharge, a divorce proceeding would not normally be completed in Oregon by the time the discharge was entered. On the other hand, a Chapter 13 bankruptcy case lasts from three to five years. If you and your wife are...

Can filing bankruptcy erase what you owe the IRS?

Yes, if certain conditions are met, you can discharge tax debt in bankruptcy. However, it is difficult to file a bankrutpcy without legal help. One of the other answers directs you to the free bankruptcy clinic offered in Portland. However, bankruptcy may not be necessary. The IRS allows taxpayers a reasonable amount of income to live on. If your expenses are below the amount allowed by the IRS, they will reduce or eliminate the levy on your wages. Call the IRS at their toll free number...

What can I do about my excessive student loans?

If you put everything in your husband's name without being paid the full value of the things you transfer, it could be set aside as a fraudulent conveyance. The federal loans are subject to collection by offset against your tax refunds, garnishment of your wages and attachment of any federal payments you receive. Federal loans can be collected without court action. Private student loans can only be collected through court process. Student loans, both public and private, are exempt from...